Houck’s grandmother fighting being forced to testify before grand jury
By JIM BROOKS
Nelson County Gazette / WBRT Radio
Thursday, June 2, 2016, 11:53 p.m. — Attorneys representing Brooks Houck’s grandmother say that she cannot be compelled to testify to a Nelson County grand jury if that testimony could lead to criminal action against her.
CRYSTAL ROGERS
The Commonwealth Attorney’s office is seeking to subpoena Anna M. Whitesides, 83, of Bardstown, to testify before a Nelson County grand jury in regard to a white Buick passenger car she owned that police believe is linked to the July 2015 disappearance and presumed murder of Houck’s girlfriend, Crystal Rogers.
According to court filings, Nelson County Sheriff’s Office detective Jon Snow interviewed Whitesides early the week of May 9th and again on May 13 to ask her about the white Buick and its whereabouts. She told investigators she sold the vehicle and gave them the name of the dealer she sold it to.
The Buick was located and is now being held as evidence in the investigation.
According to court filings by her attorney, Jason Floyd, Whiteside was subpoenaed to appear before the Nelson County grand jury on May 18 — despite her declaration she would invoke her Fifth Amendment right against self-incrimination.
The prosecutors and defense attorneys differ in their views on how the Fifth Amendment right applies before a grand jury.
The Commonwealth Attorney’s office is seeking to have Whitesides appear before a circuit judge to have her Fifth Amendment claims evaluated on a question-by-question basis. The judge would determine if Whiteside’s use of the Fifth Amendment is valid.
Whiteside’s attorneys argue there is no difference between invoking one’s Fifth Amendment rights before a grand jury or a regular trial jury. Though the prosecutor’s filings state Whitesides is not a target of the investigation, her attorneys claim that she could still wind up being accused of criminal actions that are linked to the Rogers case.
Her attorneys agree with prosecutors that the court must evaluate the validity of Fifth Amendment claims, but they dispute doing so on a question-by-question basis.
According to court documents, investigators believe Whiteside’s Buick was used to dispose of a body, was cleaned and then sold to prevent its being used as evidence.
In court filings, Whitesides attorneys state that has freely cooperated with investigators in both interviews.
While prosecutors say she is not a suspect and in court filings, say they do not intend to ask her questions that may incriminate her, Whiteside’s defense attorneys say her testimony still has the potential for self-incrimination, and therefore she must afforded the ability to invoke her Fifth Amendment rights.
Nelson Circuit Judge Charles Simms signed an order Wednesday setting a hearing for June 15 in order to evaluate questions prosecutors plan to ask in order to allow the court to determine if Whitesides has valid reason to fear self-incrimination if she appears before a grand jury.
-30-
